Bill Text: NY A07685 | 2023-2024 | General Assembly | Introduced


Bill Title: Allows a city with a population of one million inhabitants or more, or any district, board or agency with jurisdiction exclusively within such city, to authorize or require bids and offers for any contract to be submitted in an electronic format; provides such city, district, board or agency may conduct a public opening and reading of bids or identification of offerors.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-06-10 - substituted by s7362a [A07685 Detail]

Download: New_York-2023-A07685-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7685

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 5, 2023
                                       ___________

        Introduced  by  M. of A. BURGOS, BRAUNSTEIN -- read once and referred to
          the Committee on Ways and Means

        AN ACT to amend the general municipal law,  in  relation  to  electronic
          bidding

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 103 of the general municipal  law,
     2  as  amended by section 1 of chapter 2 of the laws of 2012, is amended to
     3  read as follows:
     4    1. Except as otherwise expressly provided by an act of the legislature
     5  or by a local law adopted prior to  September  first,  nineteen  hundred
     6  fifty-three,  all  contracts for public work involving an expenditure of
     7  more than  thirty-five  thousand  dollars  and  all  purchase  contracts
     8  involving  an expenditure of more than twenty thousand dollars, shall be
     9  awarded by the appropriate officer,  board  or  agency  of  a  political
    10  subdivision  or  of  any district therein including but not limited to a
    11  soil conservation district to the lowest responsible  bidder  furnishing
    12  the  required security after advertisement for sealed bids in the manner
    13  provided by this section, provided,  however,  that  purchase  contracts
    14  (including  contracts  for  service  work,  but  excluding  any purchase
    15  contracts necessary for the completion of a public works contract pursu-
    16  ant to article eight of the labor law) may be awarded on  the  basis  of
    17  best  value,  as defined in section one hundred sixty-three of the state
    18  finance law, to a responsive and responsible bidder or  offerer  in  the
    19  manner  provided  by this section except that in a political subdivision
    20  other than a city with a population of one million inhabitants  or  more
    21  or  any  district, board or agency with jurisdiction exclusively therein
    22  the use of best value for  awarding  a  purchase  contract  or  purchase
    23  contracts  must be authorized by local law or, in the case of a district
    24  corporation,  school  district  or  board  of  cooperative   educational
    25  services, by rule, regulation or resolution adopted at a public meeting.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11218-04-3

        A. 7685                             2

     1  In  any case where a responsible bidder's or responsible offerer's gross
     2  price is reducible by an allowance for  the  value  of  used  machinery,
     3  equipment,  apparatus  or  tools to be traded in by a political subdivi-
     4  sion,  the gross price shall be reduced by the amount of such allowance,
     5  for the purpose of determining the best value.   In cases where  two  or
     6  more responsible bidders furnishing the required security submit identi-
     7  cal  bids  as  to  price,  such  officer,  board or agency may award the
     8  contract to any of such bidders. Such officer, board or agency  may,  in
     9  his  or her or its discretion, reject all bids or offers and readvertise
    10  for new bids or offers in the manner provided by this section. In deter-
    11  mining whether a purchase is an  expenditure  within  the  discretionary
    12  threshold amounts established by this subdivision, the officer, board or
    13  agency  of  a  political  subdivision  or  of any district therein shall
    14  consider the reasonably expected aggregate amount of  all  purchases  of
    15  the  same  commodities,  services  or  technology  to be made within the
    16  twelve-month period commencing on the date of purchase.    Purchases  of
    17  commodities,  services  or  technology shall not be artificially divided
    18  for the purpose of satisfying the discretionary buying thresholds estab-
    19  lished by this subdivision. A change to or a renewal of a  discretionary
    20  purchase shall not be permitted if the change or renewal would bring the
    21  reasonably  expected  aggregate  amount  of  all  purchases  of the same
    22  commodities, services or technology from the same  provider  within  the
    23  twelve-month  period  commencing on the date of the first purchase to an
    24  amount greater than  the  discretionary  buying  threshold  amount.  For
    25  purposes  of  this  section,  "sealed bids" and "sealed offers", as that
    26  term applies to purchase contracts,  (including  contracts  for  service
    27  work,  but excluding any purchase contracts necessary for the completion
    28  of a public works contract pursuant to article eight of the  labor  law)
    29  shall  include bids and offers submitted in an electronic format includ-
    30  ing submission of the statement of non-collusion required by section one
    31  hundred three-d of this article, provided that the  governing  board  of
    32  the political subdivision or district, by resolution, has authorized the
    33  receipt  of  bids  and  offers  in such format. Submission in electronic
    34  format may, for technology contracts only, be required as the sole meth-
    35  od for the submission of bids and offers. Provided however,  the  appro-
    36  priate  officer,  board  or  agency  of  a city with a population of one
    37  million inhabitants or more, or  any  district,  board  or  agency  with
    38  jurisdiction exclusively within such city, may authorize or require bids
    39  and  offers  for  any  contract to be submitted in an electronic format.
    40  Bids and offers submitted in an electronic format shall  be  transmitted
    41  by  bidders and offerers to the receiving device designated by the poli-
    42  tical subdivision or district. Any method  used  to  receive  electronic
    43  bids  and offers shall comply with article three of the state technology
    44  law, and any rules and regulations promulgated and guidelines  developed
    45  thereunder  and,  at  a  minimum, must (a) document the time and date of
    46  receipt of each bid and offer received electronically; (b)  authenticate
    47  the  identity  of the sender; (c) ensure the security of the information
    48  transmitted; and (d) ensure the confidentiality  of  the  bid  or  offer
    49  until  the  time and date established for the opening of bids or offers.
    50  The timely submission of an electronic bid or offer in  compliance  with
    51  instructions  provided for such submission in the advertisement for bids
    52  or offers and/or the specifications shall be the  responsibility  solely
    53  of each bidder or offerer or prospective bidder or offerer. No political
    54  subdivision or district therein shall incur any liability from delays of
    55  or  interruptions  in the receiving device designated for the submission
    56  and receipt of electronic bids and offers.

        A. 7685                             3

     1    § 2. Subdivision 2 of section 103 of the  general  municipal  law,  as
     2  amended  by  section 1 of chapter 367 of the laws of 2014, is amended to
     3  read as follows:
     4    2.  Advertisement  for bids and offers shall be published in the offi-
     5  cial newspaper or newspapers, if any, or otherwise  in  a  newspaper  or
     6  newspapers  designated  for  such  purpose  and  may be published in the
     7  procurement opportunities newsletter pursuant to article four-C  of  the
     8  economic  development  law. Such advertisement shall contain a statement
     9  of the time when and place where all  bids  received  pursuant  to  such
    10  notice  will  be  publicly opened and read and where the identity of all
    11  offerers will be publicly disclosed, and the designation of the  receiv-
    12  ing  device  if the political subdivision or district has authorized the
    13  receipt of bids and offers in an electronic format. Such board or agency
    14  may by resolution designate any officer or employee to open the bids and
    15  offers at the time and place specified  in  the  notice.  Such  designee
    16  shall  make  a record of such bids and offers in such form and detail as
    17  the board or agency shall prescribe and present the  same  at  the  next
    18  regular  or  special  meeting of such board or agency. All bids received
    19  shall be publicly opened and read at the time and place so specified and
    20  the identity of all offerers shall be publicly disclosed at the time and
    21  place so specified. Provided, however, the appropriate officer, board or
    22  agency of a city with a population of one million inhabitants  or  more,
    23  or  any  district,  board or agency with jurisdiction exclusively within
    24  such city, may conduct a public opening, reading and  identification  by
    25  means  of  livestreaming  on a publicly accessible website listed in the
    26  advertisement at a time and date specified in  such  advertisement,  and
    27  post  a record of such bids or offers and any other required information
    28  on a website maintained or controlled by such district,  officer,  board
    29  or agency on such date within five days. At least five days shall elapse
    30  between  the  first  publication  of  such advertisement and the date so
    31  specified for the opening and reading of bids and offers.
    32    § 3. This act shall take effect March 1, 2024; provided, however, that
    33  if the chapter of the laws of 2023 amending part X of chapter 62 of  the
    34  laws  of 2003 amending the general business law and other laws generally
    35  relating to implementing the state fiscal plan for the  2003-2004  state
    36  fiscal  year,  relating  to  extending certain provisions of the general
    37  municipal law and the local finance law relating to electronic  bidding,
    38  as  proposed  in  legislative bills numbers S. 7363-A and A. 7445, shall
    39  not have taken effect on or before such date then sections one  and  two
    40  of this act shall take effect on the same date and in the same manner as
    41  such  chapter  of the laws of 2023 takes effect;  and provided, further,
    42  that:
    43    (a) the amendments to subdivisions 1 and  2  of  section  103  of  the
    44  general municipal law made by sections one and two of this act shall not
    45  apply to any solicitation released prior to the date upon which this act
    46  takes effect; and
    47    (b)  the  amendments  to  subdivisions  1  and 2 of section 103 of the
    48  general municipal law made by sections one and two of this act shall not
    49  affect the expiration and reversion of such subdivisions as provided  in
    50  subdivision  (a)  of  section  41 of part X of chapter 62 of the laws of
    51  2003, as amended, and shall expire and be deemed repealed therewith.
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